Supreme Court of India · 1969-09-01
UNION OF INDIA vs A.V. NARASIMHALU
- Citation / case number
- SC 1966/60294
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- A.V. NARASIMHALU
Judgment text excerpt
The Supreme Court held that under Section 188 of the Sea Customs Act, 1878, the jurisdiction of Civil Courts is excluded when a statute provides a complete machinery for redress against erroneous authority exercise. The Court ruled that customs duty liability arises solely from the Sea Customs Act, and thus, the Civil Court cannot entertain suits regarding such liabilities unless there is a violation of fundamental judicial principles. The appeal was allowed, affirming that the High Court's jurisdiction to issue prerogative writs remains intact despite the exclusion of Civil Court jurisdiction.